Medical Negligence

Medical negligence occurs when the care provided by a health care professional (such as a doctor, nurse or dentist) or organisation (such as a hospital) falls below a reasonable standard. Any claim for compensation will be governed by the provisions of the Civil Liability Act. Negligence arises when a person / organisation fails to take reasonable care for the welfare of another in circumstances where it could reasonably be foreseen the failure to take that reasonable care could result in that other person suffering damage. It can include, but is not limited to, the following:

  • Failure to recommend ante–natal testing
  • Failure to correctly report on test results
  • Failure or delay in diagnosis
  • Failure to monitor a condition
  • Failure or delay in providing appropriate treatment or referral
  • Failure to perform surgery with reasonable care and skill
  • Failure to provide post–operative care with reasonable care and skill.

 

Taylor & Scott’s team of medical negligence lawyers is headed by Simon Meigan and David Hartstein, who are recognised by the Law Society of NSW as experts, in personal injury litigation. Simon, David and their team have extensive experience in this complex area of law and are mindful of the legal difficulties arising from pursuing negligence claims against medical practitioners and allied health care providers.

Our team of medical negligence lawyers travel throughout NSW and frequently visits Lismore, Port Macquarie, Tamworth, Coffs Harbour, Albury, Wagga Wagga, the Hunter Valley, Armidale, Newcastle, Gosford and all areas of Sydney.

We take the utmost care in our efforts to ensure the strongest possible evidence is obtained on your behalf. In previous cases we have employed experts from interstate and abroad to ensure that our clients have the greatest likelihood of obtaining a fair result. In one recent case, we obtained an expert opinion from a specialist in the United Kingdom, after specialists in Australia were reluctant to provide an opinion for one of our cases. The specialist opinion we obtained caused the defendant doctor and the insurer to capitulate and we successfully sued for major injuries sustained by our client.

We understand the trauma which is experienced when health care falls below standard and causes or fails to prevent you from suffering further injury or sickness. We also understand that the financial strain associated with making a claim for damages can add to this trauma, or may even prevent you from making a claim in the first place. We ease the strain by offering a no–win, no–fee option in selected cases.

Time limits are an important factor in lodging a medical negligence claim and it is important that you get legal advice as soon as you know, or suspect that medical negligence has taken place. Claims for negligence need to be brought within 3 years of the date of injury. Even if you are “out of time” please discuss your claim with our team. It may not be too late to sue.

Please note that each state and territory in Australia has its own laws, which govern the right of an injured party to make a claim for medical negligence in that state. If you think that you or someone you care about has suffered medical negligence, call one of our expert lawyers for more information specific to your state and/or a FREE initial discussion about your situation and legal options.

Click here to see the steps we take when assessing a Medical Negligence claim.

At Taylor & Scott “ We Care For You.”